State Preemption

Colorado State Capitol Building

Landmark Land Use Bill Fails in Colorado Legislature

Colorado Governor Jared Polis’s effort to allow for more housing construction by preempting local control of zoning failed to achieve the required level of political support in the state legislature.

May 11, 2023 - CPR News

Blue sign with white Parking text and arrow pointing into garage

Parking Reform Bill to be Introduced at Federal Level

The legislation, which would ban parking requirements near transit to encourage housing development and bring down housing costs, would be a rare federal preemption of local control.

May 9, 2023 - Business Insider

A rendering shows key features of the zoning code for a mid-rise apartment building.

Boise’s New Zoning Code Cleared for City Council Approval

The Boise Planning Commission gave its approval to a new zoning code for the city of Boise. The City Council is expected to consider the draft zoning code in June.

May 1, 2023 - Boise State Public Radio

Texas Capitol Building

Bill Legalizing ADUs Passes Texas Senate

If passed by the full state legislature, the bill would eliminate local restrictions on ‘mother-in-law’ units.

May 1, 2023 - FOX 4 News

Aerial view of gold Colorado state capitol building with green park and city beyond

Upzoning Gutted From Colorado’s Statewide Housing Reform Effort

Colorado’s “More Homes Now” bill has been drastically reduced in scope and ambition, showing the contemporary zoning reform movement still has obstacles to overcome.

April 26, 2023 - The Colorado Sun

Aerial view of Montana state capitol building in Helena, Montana

Montana Passes Sweeping Legislative Package to Rescind ‘California-Style-Zoning’

The Montana State Legislature recently approved a package of zoning reform bills modeled closely on bills approved in West Coast states, including the state of California, in recent years.

April 16, 2023 - Business Insider

Facade entrance of typical townhouse with cherry blossom in Seattle, Washington, America. Colorful red siding of two story attached townhouse duplex with blooming pink flower near windows with blinds

‘Missing Middle Housing’ Bill Passes in Washington Senate

The legislation would permit duplexes and, in some cases, fourplexes in residential areas in most Washington towns.

April 12, 2023 - Crosscut

British Columbia residential Neighborhoods

British Columbia Asserts Provincial Control Over Density

The Canadian province plans to override local opposition to loosening zoning regulations that restrict the housing supply.

April 6, 2023 - The Globe and Mail

Outdoor Recreation

Colorado Mountain Communities Line Up to Oppose Statewide Zoning Reforms

State preemption isn’t going over well with local government officials in the remote corners of Colorado.

April 6, 2023 - Vail Daily

The buildings of the Florida State Capitol, old and new, are visible across a lawn in front of the old building.

Florida Law Bans Rent Control Statewide

The DeSantis administration has a signature housing bill. Florida has $711 million in funding for housing programs. Local governments have less power over zoning.

April 6, 2023 - Creative Loafing Tampa Bay

California

California Attorney General Wants to Get Serious About Housing

A bill sponsored by the AG’s office would give the state’s top attorney more power to intervene in lawsuits related to the state’s housing laws.

March 29, 2023 - San Francisco Chronicle

Aerial view of gold Colorado state capitol building with green park and city beyond

Colorado Governor Wants to Preempt Local Zoning Control

Colorado could be the latest state, following Oregon and California, to legislate statewide preemption of local zoning codes to allow for more housing development.

March 27, 2023 - CPR News

Aerial view of snowy single-family homes in suburban Long Island, New York

New York Governor Advances Housing Plan Amid Stiff Suburban Opposition

Governor Kathy Hochul’s ambitious proposal to create more housing has once again run into a brick wall of opposition in New York’s enormous suburbs, especially on Long Island. This year, however, the wall may have some cracks.

March 20, 2023 - Mark H. McNulty

Drone view of colorful sunset over suburban neighborhood in Phoenix, Arizona

Arizona Housing Bill Fails in State Senate

The bill would have eliminated some parking requirements, legalized more types of affordable housing, and promoted increased housing production.

March 14, 2023 - 12News

Rhode Island Capitol Building

Housing Reform Package Under Consideration by Rhode Island General Assembly

The Rhode Island House Speaker has introduced a package of 14 bills intended to ease housing construction without stepping on any toes at the local level.

March 8, 2023 - WPRI

Aerial view of Montana state capitol building in Helena, Montana

Montana Could Overhaul Land Use Laws

State legislators want to make comprehensive changes to land use and zoning laws to alleviate a growing housing shortage in the state’s urban areas.

February 28, 2023 - Bozeman Daily Chronicle

Pacific Coast

Huntington Beach Mounts Legal Challenge to State-Mandated Density

The Orange County beachfront community has had enough of the California State Legislature’s preemption of local zoning laws.

February 27, 2023 - LAist

View of Ohio Statehouse with statue

Ohio Budget Could Fund Rural Roads, Ban Center Bike Lanes

Amendments proposed in the state budget would also prohibit automated traffic enforcement and allow residents to travel to Canada, Mexico, and the Caribbean with Real IDs in lieu of passports.

February 23, 2023 - The Plain Dealer

Aerial view of dense single-family homes in neighborhood still under construction

Report: How States Can Incentivize Housing Production

With many cities and local jurisdictions using zoning codes to slow housing development, policymakers at the state level are taking action to increase the housing supply.

February 23, 2023 - Urban Institute

Several office towers are under construction next to a freeway in Burlingame, California.

Lawsuits Follow Housing Plan Failures in the San Francisco Bay Area

The Regional Housing Needs Assessment drama continues in California.

February 22, 2023 - San Francisco Chronicle

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